| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Priya S. Gupta |
Globalizing Property |
41 University of Pennsylvania Journal of International Law 611 (Spring, 2020) |
Property is more than domestic. It is international, transnational, and global. Its reach, its consequences, and its ideas can rarely be theorized effectively or contained entirely within national borders. It is produced through encounters between actors from multiple jurisdictions, and by law from multiple sources. It is not stable or static. It; Search Snippet: ...prioritizes claims to land today as well as engagements with indigenous sovereignty. [FN94] In Australia, that sovereignty over territory (and eventually over people) was blurred with Crown... |
2020 |
|
| Author |
Priya S. Gupta |
| Title |
Globalizing Property |
| Citation |
41 University of Pennsylvania Journal of International Law 611 (Spring, 2020) |
| Summary |
Property is more than domestic. It is international, transnational, and global. Its reach, its consequences, and its ideas can rarely be theorized effectively or contained entirely within national borders. It is produced through encounters between actors from multiple jurisdictions, and by law from multiple sources. It is not stable or static. It; Search Snippet: ...prioritizes claims to land today as well as engagements with indigenous sovereignty. [FN94] In Australia, that sovereignty over territory (and eventually over people) was blurred with Crown... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Jane E. Cross |
Hassle-free Travel: Myrie V. Barbados and Freedom of Movement in Caricom |
8 Penn State Journal of Law & International Affairs 536 (2020) |
C1-3Table of Contents I. Introduction: Hassle-Free Travel. 538 II. Regional Integration in the Commonwealth Caribbean and Freedom of Movement in the Caribbean. 543 A. Freedom of Movement in the Failed West Indies Federation. 544 B. RTC & CSME: The Regional Integration Development and Freedom of Movement. 550 III. Myrie v. Barbados - A Case; Search Snippet: ...Heads of Government also agreed to create the Independent West Indian Commission for Advancing the Goals of the Treaty of Chaguaramas. [FN73] Following the declaration, the WIC Report, published... |
2020 |
|
| Author |
Jane E. Cross |
| Title |
Hassle-free Travel: Myrie V. Barbados and Freedom of Movement in Caricom |
| Citation |
8 Penn State Journal of Law & International Affairs 536 (2020) |
| Summary |
C1-3Table of Contents I. Introduction: Hassle-Free Travel. 538 II. Regional Integration in the Commonwealth Caribbean and Freedom of Movement in the Caribbean. 543 A. Freedom of Movement in the Failed West Indies Federation. 544 B. RTC & CSME: The Regional Integration Development and Freedom of Movement. 550 III. Myrie v. Barbados - A Case; Search Snippet: ...Heads of Government also agreed to create the Independent West Indian Commission for Advancing the Goals of the Treaty of Chaguaramas. [FN73] Following the declaration, the WIC Report, published... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Chandler Farnworth |
Herrera V. Wyoming: the Supreme Court's Most Recent Attempt to Balance Tribal Rights, State Power, and Conservation Efforts |
33 Tulane Environmental Law Journal 195 (Summer, 2020) |
I. Overview. 195 II. Background. 197 III. Court's Decision. 199 IV. Analysis. 203 V. Conclusion. 205; Search Snippet: ...more than three hundred years. [FN1] Increased conflict with non- Indian settlers led the Tribe to enter into treaties with the United States in the nineteenth century. [FN2] Under the Second Treaty of Fort Laramie, the Crow Tribe ceded over 30 million acres of territory in modern Wyoming... |
2020 |
|
| Author |
Chandler Farnworth |
| Title |
Herrera V. Wyoming: the Supreme Court's Most Recent Attempt to Balance Tribal Rights, State Power, and Conservation Efforts |
| Citation |
33 Tulane Environmental Law Journal 195 (Summer, 2020) |
| Summary |
I. Overview. 195 II. Background. 197 III. Court's Decision. 199 IV. Analysis. 203 V. Conclusion. 205; Search Snippet: ...more than three hundred years. [FN1] Increased conflict with non- Indian settlers led the Tribe to enter into treaties with the United States in the nineteenth century. [FN2] Under the Second Treaty of Fort Laramie, the Crow Tribe ceded over 30 million acres of territory in modern Wyoming... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Charles Wilkinson |
Honoring Sally Jewell |
91 University of Colorado Law Review 743 (Spring, 2020) |
John Leshy, who served eight years as Interior Department Solicitor under Bruce Babbitt, has said in a reflective moment that the Solicitor has two duties: respect the institution and respect the people. And so it is for the Secretary, the highest officer of the Interior Department. Trustee for the tribes. Trustee for the rivers and the wildlife; Search Snippet: ...on what she described as fulfilling our sacred trust and treaty obligations to tribes. From her first major address through the present, she has... |
2020 |
|
| Author |
Charles Wilkinson |
| Title |
Honoring Sally Jewell |
| Citation |
91 University of Colorado Law Review 743 (Spring, 2020) |
| Summary |
John Leshy, who served eight years as Interior Department Solicitor under Bruce Babbitt, has said in a reflective moment that the Solicitor has two duties: respect the institution and respect the people. And so it is for the Secretary, the highest officer of the Interior Department. Trustee for the tribes. Trustee for the rivers and the wildlife; Search Snippet: ...on what she described as fulfilling our sacred trust and treaty obligations to tribes. From her first major address through the present, she has... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Jeffrey B. Litwak |
How Much Evidence Should We Need to Protect Cultural Sites and Treaty Rights? |
50 Environmental Law 447 (Spring, 2020) |
Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads; Search Snippet: ...B. Litwak Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads to damage, vandalism... |
2020 |
Yes |
| Author |
Jeffrey B. Litwak |
| Title |
How Much Evidence Should We Need to Protect Cultural Sites and Treaty Rights? |
| Citation |
50 Environmental Law 447 (Spring, 2020) |
| Summary |
Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads; Search Snippet: ...B. Litwak Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads to damage, vandalism... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Ian Falefuafua Tapu |
How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution |
44 New York University Review of Law and Social Change 445 (2020) |
The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,; Search Snippet: ...Canons of Construction. The Canons became a powerful tool in treaty and statutory construction, providing that (1) the courts must interpret laws liberally and construe ambiguities in favor of tribes and (2) congressional intent must be clear if tribal rights and sovereignty are to be impinged in any way. In tracing the... |
2020 |
|
| Author |
Ian Falefuafua Tapu |
| Title |
How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution |
| Citation |
44 New York University Review of Law and Social Change 445 (2020) |
| Summary |
The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,; Search Snippet: ...Canons of Construction. The Canons became a powerful tool in treaty and statutory construction, providing that (1) the courts must interpret laws liberally and construe ambiguities in favor of tribes and (2) congressional intent must be clear if tribal rights and sovereignty are to be impinged in any way. In tracing the... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Aziz Rana |
How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire |
130 Yale Law Journal Forum 312 (November 2, 2020) |
Few American law classes actually teach the Insular Cases. This Essay argues that this is due to a profound lacuna in mainstream constitutional study--the failure to adequately confront the extent to which the United States from its founding has been a project of empire. In part, for this reason, the field tends to have little to say; Search Snippet: ...have been the heart of independent movements abroad--from sharing sovereignty with Native peoples and land return to reparations, systematic wealth redistribution, structural... |
2020 |
|
| Author |
Aziz Rana |
| Title |
How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire |
| Citation |
130 Yale Law Journal Forum 312 (November 2, 2020) |
| Summary |
Few American law classes actually teach the Insular Cases. This Essay argues that this is due to a profound lacuna in mainstream constitutional study--the failure to adequately confront the extent to which the United States from its founding has been a project of empire. In part, for this reason, the field tends to have little to say; Search Snippet: ...have been the heart of independent movements abroad--from sharing sovereignty with Native peoples and land return to reparations, systematic wealth redistribution, structural... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| William E. Butler , Dickinson Law, Pennsylvania State University, Member of the District of Columbia Bar |
Hugh Henry Brackenridge: Legal Polymath |
91 Pennsylvania Bar Association Quarterly 39 (January, 2020) |
C1-2TABLE OF CONTENTS I. BIOGRAPHICAL NOTES. 39 II. MODERN CHIVALRY. 44 III. LAW MISCELLANIES: PENNSYLVANIA BLACKSTONE AND OTHER LEGAL WRITINGS. 49 IV. CONCLUSION. 51; Search Snippet: ...with respect to Modern Chivalry: While Brackenridge was suspicious of Indian treaties and promises, he recognized the tragedy the whites had wrought on Indian civilizations. Elliott, note 12 above, at 200. See H... |
2020 |
|
| Author |
William E. Butler , Dickinson Law, Pennsylvania State University, Member of the District of Columbia Bar |
| Title |
Hugh Henry Brackenridge: Legal Polymath |
| Citation |
91 Pennsylvania Bar Association Quarterly 39 (January, 2020) |
| Summary |
C1-2TABLE OF CONTENTS I. BIOGRAPHICAL NOTES. 39 II. MODERN CHIVALRY. 44 III. LAW MISCELLANIES: PENNSYLVANIA BLACKSTONE AND OTHER LEGAL WRITINGS. 49 IV. CONCLUSION. 51; Search Snippet: ...with respect to Modern Chivalry: While Brackenridge was suspicious of Indian treaties and promises, he recognized the tragedy the whites had wrought on Indian civilizations. Elliott, note 12 above, at 200. See H... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Katherine Rollins |
If You Can't Beat 'Em, Reform 'Em: Expanding Oversight of Privately-operated Immigrant Detention Centers |
46 Mitchell Hamline Law Review 924 (July, 2020) |
I. Introduction. 924 II. Background and History. 925 A. The History of Immigrant Detention. 926 1. Ellis Island. 926 2. Angel Island. 928 3. The Switch from Parole to Detention. 930 a. Haitian and Cuban Migration and the Federal Government's Solution. 931 b. The Cold War by Proxy and Resulting Migration. 933 c. The War on Drugs. 934; Search Snippet: ...into the United States unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adjacent to the Continent of Asia or who are natives of any country, province, or dependency situate on the Continent... |
2020 |
|
| Author |
Katherine Rollins |
| Title |
If You Can't Beat 'Em, Reform 'Em: Expanding Oversight of Privately-operated Immigrant Detention Centers |
| Citation |
46 Mitchell Hamline Law Review 924 (July, 2020) |
| Summary |
I. Introduction. 924 II. Background and History. 925 A. The History of Immigrant Detention. 926 1. Ellis Island. 926 2. Angel Island. 928 3. The Switch from Parole to Detention. 930 a. Haitian and Cuban Migration and the Federal Government's Solution. 931 b. The Cold War by Proxy and Resulting Migration. 933 c. The War on Drugs. 934; Search Snippet: ...into the United States unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adjacent to the Continent of Asia or who are natives of any country, province, or dependency situate on the Continent... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| John R. Jacus |
In Brief |
51 No. 4 ABA Trends 17 (March/April, 2020) |
Plymouth Village Water & Sewer District v. Scott, No. 217-2019-CV-00650, 2019 N.H. Super. LEXIS 18 (N.H. Super. Ct., Nov. 26, 2019). The New Hampshire Superior Court enjoined the New Hampshire Department of Environmental Services' (DES) new standards for per- and polyfluoroalkyl substances (PFAS) in drinking water, finding that the plaintiffs'; Search Snippet: ...panel affirmed the lower court decision , holding that the Klamath Tribes and other tribes with treaty fishing rights had priority over plaintiff-appellant farmers for water... |
2020 |
|
| Author |
John R. Jacus |
| Title |
In Brief |
| Citation |
51 No. 4 ABA Trends 17 (March/April, 2020) |
| Summary |
Plymouth Village Water & Sewer District v. Scott, No. 217-2019-CV-00650, 2019 N.H. Super. LEXIS 18 (N.H. Super. Ct., Nov. 26, 2019). The New Hampshire Superior Court enjoined the New Hampshire Department of Environmental Services' (DES) new standards for per- and polyfluoroalkyl substances (PFAS) in drinking water, finding that the plaintiffs'; Search Snippet: ...panel affirmed the lower court decision , holding that the Klamath Tribes and other tribes with treaty fishing rights had priority over plaintiff-appellant farmers for water... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Richard Awopetu |
In Defense of Culture: Protecting Traditional Cultural Expressions in Intellectual Property |
69 Emory Law Journal 745 (2020) |
From Hakuna Matata to Bula to Dia de los Muertos, federal trademark registrations by commercial entities seeking to profit from rising interest in the traditions of indigenous peoples and local communities is commonplace. This issue is only a small part of a much broader issue around indigenous peoples' traditional knowledge and traditional; Search Snippet: ...tribal-insignia (last visited Aug. 11, 2019). . Trademark Law Treaty Implementation Act, Pub. L. No. 105-330, § 302, 112... |
2020 |
|
| Author |
Richard Awopetu |
| Title |
In Defense of Culture: Protecting Traditional Cultural Expressions in Intellectual Property |
| Citation |
69 Emory Law Journal 745 (2020) |
| Summary |
From Hakuna Matata to Bula to Dia de los Muertos, federal trademark registrations by commercial entities seeking to profit from rising interest in the traditions of indigenous peoples and local communities is commonplace. This issue is only a small part of a much broader issue around indigenous peoples' traditional knowledge and traditional; Search Snippet: ...tribal-insignia (last visited Aug. 11, 2019). . Trademark Law Treaty Implementation Act, Pub. L. No. 105-330, § 302, 112... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Steph Tai |
In Fairness to Future Generations of Eaters |
32 Georgetown Environmental Law Review 515 (Spring, 2020) |
Climate change threatens the supply and quality of traditional foods. To respond to this threat, this essay applies Professor Edith Brown Weiss's principles of intergenerational equity to support a call for the protection of food heritage for future generations. The essay surveys some available international instruments but concludes that gaps; Search Snippet: ...provide a few preliminary suggestions, drawing from the experiences of indigenous food sovereignty advocates, who have been at the forefront of addressing intergenerational... |
2020 |
|
| Author |
Steph Tai |
| Title |
In Fairness to Future Generations of Eaters |
| Citation |
32 Georgetown Environmental Law Review 515 (Spring, 2020) |
| Summary |
Climate change threatens the supply and quality of traditional foods. To respond to this threat, this essay applies Professor Edith Brown Weiss's principles of intergenerational equity to support a call for the protection of food heritage for future generations. The essay surveys some available international instruments but concludes that gaps; Search Snippet: ...provide a few preliminary suggestions, drawing from the experiences of indigenous food sovereignty advocates, who have been at the forefront of addressing intergenerational... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Jessica Serrano |
In Furtherance of National Interest or a Pirate's Blockade?: the Effect of the Trade War on the U.s. Steel, Aluminum, and Solar Industries |
31 Colorado Natural Resources, Energy & Environmental Law Review 417 (Summer, 2020) |
Much like a pirate blockade, trade wars and tariffs slow commerce and can hurt certain industries. The current United States trade war with China has created economic stressors in the steel, aluminum, and solar industries. This Note will examine the history of tariffs in the United States and the powers of the president to shape the economic future; Search Snippet: .... Ileana M. Porras, Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius De lure Praedae - The... |
2020 |
|
| Author |
Jessica Serrano |
| Title |
In Furtherance of National Interest or a Pirate's Blockade?: the Effect of the Trade War on the U.s. Steel, Aluminum, and Solar Industries |
| Citation |
31 Colorado Natural Resources, Energy & Environmental Law Review 417 (Summer, 2020) |
| Summary |
Much like a pirate blockade, trade wars and tariffs slow commerce and can hurt certain industries. The current United States trade war with China has created economic stressors in the steel, aluminum, and solar industries. This Note will examine the history of tariffs in the United States and the powers of the president to shape the economic future; Search Snippet: .... Ileana M. Porras, Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius De lure Praedae - The... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
|
In Memoriam |
80-JUL Oregon State Bar Bulletin 52 (July, 2020) |
Dennis Charles Karnopp passed away peacefully on March 9, 2020. Karnopp was born in Lincoln, Nebraska, to Gertrude and Merle Karnopp. He had the unique experience of growing up in the Lancaster County Jail, where his father was first the deputy county sheriff and later county sheriff. At 16, he went to the Skyline Ranch for Boys in Colorado, which; Search Snippet: ...the landmark United States v. Oregon case, which defended the tribe's treaty-reserved fishing rights and associated cultural identity. Throughout his long... |
2020 |
|
| Author |
|
| Title |
In Memoriam |
| Citation |
80-JUL Oregon State Bar Bulletin 52 (July, 2020) |
| Summary |
Dennis Charles Karnopp passed away peacefully on March 9, 2020. Karnopp was born in Lincoln, Nebraska, to Gertrude and Merle Karnopp. He had the unique experience of growing up in the Lancaster County Jail, where his father was first the deputy county sheriff and later county sheriff. At 16, he went to the Skyline Ranch for Boys in Colorado, which; Search Snippet: ...the landmark United States v. Oregon case, which defended the tribe's treaty-reserved fishing rights and associated cultural identity. Throughout his long... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Kaylin Hawkins |
Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration |
93 Temple Law Review 181 (Fall, 2020) |
Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent; Search Snippet: ...140-41 (2014). . Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
2020 |
|
| Author |
Kaylin Hawkins |
| Title |
Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration |
| Citation |
93 Temple Law Review 181 (Fall, 2020) |
| Summary |
Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent; Search Snippet: ...140-41 (2014). . Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Margaret Schaff , Cheryl Lohman |
Indian Allottee Water Rights: a Case Study of Allotments on the Former Malheur Indian Reservation |
31 Colorado Natural Resources, Energy & Environmental Law Review 147 (Winter, 2020) |
C1-2Table of Contents Introduction. 147 I. Indian Water Rights. 148 II. Allotment Water Rights. 151 III. Public Domain Allotments. 153 IV. The Malheur Public Domain Allotments. 156 Conclusion. 163; Search Snippet: ...the reservation. [FN10] Therefore, a review of all applicable statutes, treaties, and sources of congressional purpose found in legislative history for... |
2020 |
|
| Author |
Margaret Schaff , Cheryl Lohman |
| Title |
Indian Allottee Water Rights: a Case Study of Allotments on the Former Malheur Indian Reservation |
| Citation |
31 Colorado Natural Resources, Energy & Environmental Law Review 147 (Winter, 2020) |
| Summary |
C1-2Table of Contents Introduction. 147 I. Indian Water Rights. 148 II. Allotment Water Rights. 151 III. Public Domain Allotments. 153 IV. The Malheur Public Domain Allotments. 156 Conclusion. 163; Search Snippet: ...the reservation. [FN10] Therefore, a review of all applicable statutes, treaties, and sources of congressional purpose found in legislative history for... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Matthew L.M. Fletcher |
Indian Lives Matter: Pandemics and Inherent Tribal Powers |
73 Stanford Law Review Online 38 (June, 2020) |
American Indian people know all too well the impact of pandemics on human populations, having barely survived smallpox outbreaks and other diseases transmitted during the generations of early contact between themselves and Europeans. Indian people also suffered disproportionately from the last pandemic to hit the United States about a century ago; Search Snippet: ...century of the existence of the United States, hundreds of Indian tribes negotiated treaties and other agreements with the federal government designed to guarantee... |
2020 |
|
| Author |
Matthew L.M. Fletcher |
| Title |
Indian Lives Matter: Pandemics and Inherent Tribal Powers |
| Citation |
73 Stanford Law Review Online 38 (June, 2020) |
| Summary |
American Indian people know all too well the impact of pandemics on human populations, having barely survived smallpox outbreaks and other diseases transmitted during the generations of early contact between themselves and Europeans. Indian people also suffered disproportionately from the last pandemic to hit the United States about a century ago; Search Snippet: ...century of the existence of the United States, hundreds of Indian tribes negotiated treaties and other agreements with the federal government designed to guarantee... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Catherine Schluter |
Indian Reserved Rights to Groundwater: Victory for Tribes, for Now |
32 Georgetown Environmental Law Review 729 (Summer, 2020) |
Many Indian tribes in the United States have a federally reserved right to water to support their reservations and way of life, as recognized in Winters v. United States. However, the Winters doctrine does not explicitly recognize a reserved right to groundwater. Three states--Wyoming, Arizona, and Montana--faced the question of whether to extend; Search Snippet: ...Tribes' right to water for quantification purposes. [FN15] The 1869 treaty establishing the Wind River Reservation implicitly reserved water rights for the Tribes for agricultural purposes, including livestock and domestic or municipal purposes... |
2020 |
|
| Author |
Catherine Schluter |
| Title |
Indian Reserved Rights to Groundwater: Victory for Tribes, for Now |
| Citation |
32 Georgetown Environmental Law Review 729 (Summer, 2020) |
| Summary |
Many Indian tribes in the United States have a federally reserved right to water to support their reservations and way of life, as recognized in Winters v. United States. However, the Winters doctrine does not explicitly recognize a reserved right to groundwater. Three states--Wyoming, Arizona, and Montana--faced the question of whether to extend; Search Snippet: ...Tribes' right to water for quantification purposes. [FN15] The 1869 treaty establishing the Wind River Reservation implicitly reserved water rights for the Tribes for agricultural purposes, including livestock and domestic or municipal purposes... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Lauren van Schilfgaarde |
Indigenizing Professional Responsibility |
59 No. 2 Judges' Journal J. 6 (Spring, 2020) |
The regulation of attorney practice, including the ability to discipline, is considered an inherent power of the judiciary. Tribal Courts, like federal and state courts, inherently possess this power. But while nearly all 50 states have adopted identical ethical obligations for their advocates, these rules, and the societal values underlying them,; Search Snippet: ...and state courts, but they remain Tribal. Through Tribal Courts, Tribes have established beacons of sovereignty and service. They are mechanisms through which Tribes build distinct... |
2020 |
|
| Author |
Lauren van Schilfgaarde |
| Title |
Indigenizing Professional Responsibility |
| Citation |
59 No. 2 Judges' Journal J. 6 (Spring, 2020) |
| Summary |
The regulation of attorney practice, including the ability to discipline, is considered an inherent power of the judiciary. Tribal Courts, like federal and state courts, inherently possess this power. But while nearly all 50 states have adopted identical ethical obligations for their advocates, these rules, and the societal values underlying them,; Search Snippet: ...and state courts, but they remain Tribal. Through Tribal Courts, Tribes have established beacons of sovereignty and service. They are mechanisms through which Tribes build distinct... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Kylie M. Allen |
Indigenous Nuclear Injuries and the Radiation Exposure Compensation Act (Reca): Reframing Compensation Toward Indigenous-led Environmental Reparations |
10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) |
Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been; Search Snippet: ...importantly, the United States should defer to the leadership of Indigenous Peoples and the sovereignty of Indigenous Nations, recognizing that the scope of Indigenous self-determination encompasses determining the frameworks of nuclear redress as... |
2020 |
|
| Author |
Kylie M. Allen |
| Title |
Indigenous Nuclear Injuries and the Radiation Exposure Compensation Act (Reca): Reframing Compensation Toward Indigenous-led Environmental Reparations |
| Citation |
10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) |
| Summary |
Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been; Search Snippet: ...importantly, the United States should defer to the leadership of Indigenous Peoples and the sovereignty of Indigenous Nations, recognizing that the scope of Indigenous self-determination encompasses determining the frameworks of nuclear redress as... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Ruslan Garipov |
Indigenous Peoples' Rights in Russian North: Main Challenges and Prospects for Future Development |
23 No. 1 Human Rights Brief 32 (Spring, 2020) |
Beginning with the Alaska colonization period by Russians (1732-1867) and the exploration of California (Fort Ross in Northern California, 1812-1841), American Indian's culture became popular in Russia and was reflected in Russian art and literature. In 1872, Duke Alexey Alexandrovich Romanov visited America, where he hunted buffalos in the West; Search Snippet: ...be the main reason for the limited international awareness about indigenous communities in Russia, [FN12] and the situation has changed partly due to the monitoring process of human rights treaties and partly due to the growing number and increased activities... |
2020 |
|
| Author |
Ruslan Garipov |
| Title |
Indigenous Peoples' Rights in Russian North: Main Challenges and Prospects for Future Development |
| Citation |
23 No. 1 Human Rights Brief 32 (Spring, 2020) |
| Summary |
Beginning with the Alaska colonization period by Russians (1732-1867) and the exploration of California (Fort Ross in Northern California, 1812-1841), American Indian's culture became popular in Russia and was reflected in Russian art and literature. In 1872, Duke Alexey Alexandrovich Romanov visited America, where he hunted buffalos in the West; Search Snippet: ...be the main reason for the limited international awareness about indigenous communities in Russia, [FN12] and the situation has changed partly due to the monitoring process of human rights treaties and partly due to the growing number and increased activities... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Michalyn Steele |
Indigenous Resilience |
62 Arizona Law Review 305 (Summer, 2020) |
The story of federal Indian law is the story of Indian tribal survival in the face of perpetual challenges to their legal and cultural existence, both in law and policy. These assaults have come from every quarter: federal, state, and private actors, as well as from the judicial, legislative, and executive branches. Tribes have often lost key; Search Snippet: ...founding era. Those responsible for the earliest formulations of American Indian policy, and so many subsequent policymakers, had every expectation that the so-called Indian Problem would go away as the Indian people, their tribal organizations, and their claims to sovereignty were decimated by disease, disbanded after displacement, or dissolved under... |
2020 |
|
| Author |
Michalyn Steele |
| Title |
Indigenous Resilience |
| Citation |
62 Arizona Law Review 305 (Summer, 2020) |
| Summary |
The story of federal Indian law is the story of Indian tribal survival in the face of perpetual challenges to their legal and cultural existence, both in law and policy. These assaults have come from every quarter: federal, state, and private actors, as well as from the judicial, legislative, and executive branches. Tribes have often lost key; Search Snippet: ...founding era. Those responsible for the earliest formulations of American Indian policy, and so many subsequent policymakers, had every expectation that the so-called Indian Problem would go away as the Indian people, their tribal organizations, and their claims to sovereignty were decimated by disease, disbanded after displacement, or dissolved under... |
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2020 |
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| Dylan R. Hedden-Nicely , Lucius K. Caldwell |
Indigenous Rights and Climate Change: the Influence of Climate Change on the Quantification of Reserved Instream Water Rights for American Indian Tribes |
2020 Utah Law Review 755 (2020) |
All models are wrong but some are useful. The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish; Search Snippet: ...such peoples--referred to in the American legal system as Indian tribes--throughout the region as they negotiated treaties and agreements with the United States government in the 1850s... |
2020 |
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| Author |
Dylan R. Hedden-Nicely , Lucius K. Caldwell |
| Title |
Indigenous Rights and Climate Change: the Influence of Climate Change on the Quantification of Reserved Instream Water Rights for American Indian Tribes |
| Citation |
2020 Utah Law Review 755 (2020) |
| Summary |
All models are wrong but some are useful. The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish; Search Snippet: ...such peoples--referred to in the American legal system as Indian tribes--throughout the region as they negotiated treaties and agreements with the United States government in the 1850s... |
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2020 |
| Key Terms in Title or Summary |
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| Nicole B. Godfrey |
Institutional Indifference |
98 Oregon Law Review 151 (2020) |
Introduction. 152 I. Prison Conditions and the Eighth Amendment. 156 A. The Origins of the Eighth Amendment. 157 B. The Eighth Amendment's Application to Prison Conditions. 160 1. The Birth of the American Penitentiary System. 160 2. Incarceration Nation. 163 3. The Birth of Deliberate Indifference. 165 II. Suits Against Prison Systems for; Search Snippet: ...that the Supreme Court's decision in Idaho v. Coeur d'Alene Tribe, 521 U.S. 261 (1997) undermined the constitutional value of Ex parte Young ); Akhil Reed Amar, Of Sovereignty and Federalism , 96 Yale L.J. 1425, 1480 (1987) (describing the... |
2020 |
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| Author |
Nicole B. Godfrey |
| Title |
Institutional Indifference |
| Citation |
98 Oregon Law Review 151 (2020) |
| Summary |
Introduction. 152 I. Prison Conditions and the Eighth Amendment. 156 A. The Origins of the Eighth Amendment. 157 B. The Eighth Amendment's Application to Prison Conditions. 160 1. The Birth of the American Penitentiary System. 160 2. Incarceration Nation. 163 3. The Birth of Deliberate Indifference. 165 II. Suits Against Prison Systems for; Search Snippet: ...that the Supreme Court's decision in Idaho v. Coeur d'Alene Tribe, 521 U.S. 261 (1997) undermined the constitutional value of Ex parte Young ); Akhil Reed Amar, Of Sovereignty and Federalism , 96 Yale L.J. 1425, 1480 (1987) (describing the... |
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2020 |
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| Barnali Choudhury |
International Investment Law and Noneconomic Issues |
53 Vanderbilt Journal of Transnational Law L. 1 (January, 2020) |
Arbitral tribunals have misconstrued the purpose of international investment agreements (IIAs) by failing to factor in the development aspect of these agreements into their analysis. IIAs were constituted to protect foreign investment in order to promote economic development. However, arbitral tribunals have tended to focus mainly on the investor; Search Snippet: ...BIT), art. 6, 2018. See Model Text for the Indian Bilateral Investment Treaty, pmbl., Dec. 2015 |
2020 |
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| Author |
Barnali Choudhury |
| Title |
International Investment Law and Noneconomic Issues |
| Citation |
53 Vanderbilt Journal of Transnational Law L. 1 (January, 2020) |
| Summary |
Arbitral tribunals have misconstrued the purpose of international investment agreements (IIAs) by failing to factor in the development aspect of these agreements into their analysis. IIAs were constituted to protect foreign investment in order to promote economic development. However, arbitral tribunals have tended to focus mainly on the investor; Search Snippet: ...BIT), art. 6, 2018. See Model Text for the Indian Bilateral Investment Treaty, pmbl., Dec. 2015 |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Ryan MartÃnez Mitchell |
International Law as Project or System? |
51 Georgetown Journal of International Law 623 (Spring, 2020) |
Classical authors on international law tended to understand it as an immanent system of norms, emerging from natural reason, self-interest, and/or customary state behavior. This view largely kept hold well into the Vienna System era of multilateral diplomacy, indeed becoming more conceptually clear even as the language of natural law grew; Search Snippet: ...claims that the Congo Act was a constitution established by treaty that most satisfactorily guaranteed the interests of peace, those of all nations' as well as those of the natives, [FN296] would likely seem little more persuasive for many today... |
2020 |
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| Author |
Ryan MartÃnez Mitchell |
| Title |
International Law as Project or System? |
| Citation |
51 Georgetown Journal of International Law 623 (Spring, 2020) |
| Summary |
Classical authors on international law tended to understand it as an immanent system of norms, emerging from natural reason, self-interest, and/or customary state behavior. This view largely kept hold well into the Vienna System era of multilateral diplomacy, indeed becoming more conceptually clear even as the language of natural law grew; Search Snippet: ...claims that the Congo Act was a constitution established by treaty that most satisfactorily guaranteed the interests of peace, those of all nations' as well as those of the natives, [FN296] would likely seem little more persuasive for many today... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Tanika Sarkar |
Intimate Violence in Colonial Bengal: a Death, a Trial and a Law, 1889-1891 |
38 Law and History Review 177 (February, 2020) |
The colonial state enacted an enormously controversial law in 1891 to regulate the age of consent for Indian women. A death propelled it: that of Phulmonee, a girl just over 10 years of age, who died in 1889 of marital rape. Amending Section 375 of the Indian Penal Code of 1860, and the Code of Criminal Procedure of 1882, the law criminalized; Search Snippet: ...took their place. In the domain of Personal Laws, then, Indian communities acquired something akin to sovereignty, and laws could not be made without reference to Indian scripture and custom. Nor could judicial disputes be resolved otherwise... |
2020 |
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| Author |
Tanika Sarkar |
| Title |
Intimate Violence in Colonial Bengal: a Death, a Trial and a Law, 1889-1891 |
| Citation |
38 Law and History Review 177 (February, 2020) |
| Summary |
The colonial state enacted an enormously controversial law in 1891 to regulate the age of consent for Indian women. A death propelled it: that of Phulmonee, a girl just over 10 years of age, who died in 1889 of marital rape. Amending Section 375 of the Indian Penal Code of 1860, and the Code of Criminal Procedure of 1882, the law criminalized; Search Snippet: ...took their place. In the domain of Personal Laws, then, Indian communities acquired something akin to sovereignty, and laws could not be made without reference to Indian scripture and custom. Nor could judicial disputes be resolved otherwise... |
| Year |
2020 |
| Key Terms in Title or Summary |
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Introduction |
133 Harvard Law Review 2062 (April, 2020) |
In American law schools, first-year students learn about the basic obligations of private law through two required classes: contracts and torts. For the most part, those students do not learn about a third source of obligation: unjust enrichment. This obligation rests on a simple premise--that [a] person who is unjustly enriched at the expense of; Search Snippet: ...statutes regulating railway operations. See id. at 1179, 1183 . The Tribe subsequently moved for reconsideration, arguing that its suit arose out of its treaty with the United States and therefore involved questions of federal... |
2020 |
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| Author |
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| Title |
Introduction |
| Citation |
133 Harvard Law Review 2062 (April, 2020) |
| Summary |
In American law schools, first-year students learn about the basic obligations of private law through two required classes: contracts and torts. For the most part, those students do not learn about a third source of obligation: unjust enrichment. This obligation rests on a simple premise--that [a] person who is unjustly enriched at the expense of; Search Snippet: ...statutes regulating railway operations. See id. at 1179, 1183 . The Tribe subsequently moved for reconsideration, arguing that its suit arose out of its treaty with the United States and therefore involved questions of federal... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Mae C. Quinn , Levi T. Bradford |
Invisible Article Iii Delinquency: History, Mystery, and Concerns about "Federal Juvenile Courts" |
27 Washington and Lee Journal of Civil Rights and Social Justice 71 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 72 II. Common Law Approach to Youth Crime--Shared State and Federal History. 76 III. Emergence of State Juvenile Courts and Supreme Court's Related Jurisprudence. 79 A. Juvenile Courts as Specialized Venues to Address Child Wrongdoing. 80 B. Kent, Gault & Their Progeny: Balancing Paternalism with Due Process; Search Snippet: ...determination, the federal government has consistently used the fact that Native tribes lie within federal borders to justify hemming in tribal sovereignty. [FN292] A tribe's power to handle matters involving Indigenous children... |
2020 |
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| Author |
Mae C. Quinn , Levi T. Bradford |
| Title |
Invisible Article Iii Delinquency: History, Mystery, and Concerns about "Federal Juvenile Courts" |
| Citation |
27 Washington and Lee Journal of Civil Rights and Social Justice 71 (Fall, 2020) |
| Summary |
C1-2Table of Contents I. Introduction. 72 II. Common Law Approach to Youth Crime--Shared State and Federal History. 76 III. Emergence of State Juvenile Courts and Supreme Court's Related Jurisprudence. 79 A. Juvenile Courts as Specialized Venues to Address Child Wrongdoing. 80 B. Kent, Gault & Their Progeny: Balancing Paternalism with Due Process; Search Snippet: ...determination, the federal government has consistently used the fact that Native tribes lie within federal borders to justify hemming in tribal sovereignty. [FN292] A tribe's power to handle matters involving Indigenous children... |
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2020 |
| Key Terms in Title or Summary |
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| James T. Campbell |
Island Judges |
129 Yale Law Journal 1888 (April, 2020) |
This Note explores the persistent differences in status among federal district judges in U.S. territories. Beginning with Congress's decision to extend life tenure to federal judges in Puerto Rico in 1966, the Note traces the evolution of local and federal courts in U.S. territories over the past half century. Although universally counted within; Search Snippet: ...a federal court, see, e.g. , Uilisone Falemanu Tua, Comment, A Native's Call for Justice: The Call for the Establishment of a... |
2020 |
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| Author |
James T. Campbell |
| Title |
Island Judges |
| Citation |
129 Yale Law Journal 1888 (April, 2020) |
| Summary |
This Note explores the persistent differences in status among federal district judges in U.S. territories. Beginning with Congress's decision to extend life tenure to federal judges in Puerto Rico in 1966, the Note traces the evolution of local and federal courts in U.S. territories over the past half century. Although universally counted within; Search Snippet: ...a federal court, see, e.g. , Uilisone Falemanu Tua, Comment, A Native's Call for Justice: The Call for the Establishment of a... |
| Year |
2020 |
| Key Terms in Title or Summary |
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